HomeMy WebLinkAbout2024-12-02 Mark Graham From: Mark Graham
To: WPCtestimony
Subject: Support Item#4 on the agenda,Bill#194
Date: Monday,December 2,2024 2:10:47 PM
December 2, 2024
Honorable Planning Commissioners,
My name is Mark Graham. I live in Elk Grove, California, the city that in 2019 adopted the
"front yard rule for cell antenna placement" into our zoning code. It's in the P.S. of this
message. EGMC section 23.94.050 A. 6. b.
You can read them in the Elk Grove Municipal Code here:
his://www.codepubli shing.com/CA/ElkGrove/#!/ElkGrove23/ElkGrove2394.html#23.94.050
Radiation from cell antennas is hazardous to our health! The industry knows it. The
government knows it. The Telecommunications Act of 1996 (TCA) does not allow you to
regulate placement of cell antennas on the basis of the environmental effects of cell antenna
radiation BUT it does allow you to prevent the irresponsible placement of cell antennas. You
can regulate placement, as we do here in Elk Grove, to protect what the City considers is
aesthetic values. Our front yard rule (my name for it) for cell antenna placement has protected
about 90% of Elk Grove homes from having a cell antenna placed on a city light pole in front
of the house or apartment. The companies are still getting permits and installing antennas, but
not right adjacent to our front yards. Telecom has NOT sued the City of Elk Grove. If we can
do it then you can do it too. Bill 194 is not the same as our front yard rule but it is a measure
intended to protect residents by the County exercising its power, its local zoning authority.
Please give a Favorable Recommendation to the County Council proposed
telecommunications ordinance, Bill 194. Dozens of local jurisdictions have implemented
ordinances similar to Bill 194 to regulate the deployment of towers and antennas. It is aligned
with all applicable Federal and State laws and offers important updates to the code.
This is about:
What: Windward Planning Commission meeting
When: Thursday, December 5, 1:OOpm
Where: Hawaii County Council Chambers in Hilo 25 Aupuni Street, Hilo, HI 96720 (or via
Zoom)
Please acknowledge your receipt of this message.
Thank you and best wishes,
Mark Graham
Co-Founder
Keep Cell Antennas Away
A local residents' advocacy group
www.KeepCellAntennasAway.org
P.S. Here is the front yard rule for cell antenna placement as in the Elk Grove Municipal
Code, the Zoning Code.
23.94.050 Development standards.
A. General Development Standards. Unless otherwise exempt pursuant to EGMC
Section 23.94.040, Exemptions, or as otherwise provided in an agreement approved by
the Elk Grove City Council pursuant to EGMC Section 23.94.035, Small Cell Wireless
Communications Facilities, the following general development standards shall apply to all
wireless communications facilities:
6. In a residential zoning district, the following development standards shall apply,
unless the applicant can demonstrate with substantial evidence satisfactory to the
approving authority that such siting limitation will materially inhibit personal
wireless service as to a particular small cell wireless communication facility.
a. No small cell wireless communication facility shall be placed within five
hundred(500' 0") feet of another small cell wireless communications facility.
b. No small cell wireless communication facility shall be located
immediately adjacent to, nor immediately across the street from, a front yard
of any residential dwelling.
Here is the signed version of City of Elk Grove Ordinance No. 19-2019, which approved a
new cell antenna policy which includes zoning code amendments and a master license
agreement between the City and AT&T/ Cingular. You can download it from this page.
City of EG Ordinance 19-2019